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United States v. Hester, 4:18-CR-00085. (2020)

Court: District Court, E.D. Texas Number: infdco20200204g06 Visitors: 23
Filed: Feb. 03, 2020
Latest Update: Feb. 03, 2020
Summary: MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Defendant Tyton Hester's Motion for Evidence Favorable to Defendant and Brief in Support Thereof (Dkt. #333). Defendant's requests fall into several categories of discovery including the Jencks Act, Brady, and Giglio. Defendant requests that the Government be required to produce evidence which is favorable to him. On May 29, 2018, the Court entered its Scheduling Order relating to pretrial disc
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MEMORANDUM OPINION AND ORDER

Pending before the Court is Defendant Tyton Hester's Motion for Evidence Favorable to Defendant and Brief in Support Thereof (Dkt. #333). Defendant's requests fall into several categories of discovery including the Jencks Act, Brady, and Giglio.

Defendant requests that the Government be required to produce evidence which is favorable to him. On May 29, 2018, the Court entered its Scheduling Order relating to pretrial discovery and inspection as to Defendant Tyton Hester (Dkt. #24). The Court's Scheduling Order provides that the government shall permit Defendant's attorney to inspect, copy, or photograph any evidence within the ambit of Brady v. Maryland, 373 U.S. 83 (1963). Moreover, the Government, in Government's Response to Defendant's Motion for Evidence Favorable to the Defendant, has replied that there is no exculpatory evidence of which it is aware of at this time (Dkt. #356). Therefore, Defendant's Motion, as it relates to evidence within the ambit of Brady, should be denied.

Defendant also requests that the Government provide a variety of information that is controlled by the Jencks Act, 18 U.S.C. § 3500. The Government shall provide Defendant with any Jencks Act material by not later than immediately prior to the testimony of the witness to whom such material relates. 18 U.S.C. § 3500.

Finally, Defendant requests "any promises, benefits, concessions, or consideration provided to any witness by the Government" (Dkt. #333). The Government shall provide Defendant with all material required by Giglio v. United States, 405 U.S. 150 (1972) (discussing the Government's disclosure requirements surrounding evidence of agreements or promises made by the government to a witness) by not later than immediately prior to the testimony of the witness to whom such material relates.

It is therefore ORDERED that Defendant Tyton Hester's Motion for Evidence Favorable to Defendant and Brief in Support Thereof (Dkt. #333) is hereby DENIED.

Source:  Leagle

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